Features of administrative and legal regulation of healthcare in Ukraine

Abstract

The article is devoted to the study of the peculiarities of the administrative and legal regulation of health care in Ukraine and the definition of priority areas for its improvement. It was found that the rules of administrative law occupy a dominant position among the rules of other branches of law in the field of public health. It is determined that legal regulation and administrative-legal regulation are correlated as species and generic concepts, but administrative and legal regulation is limited to social relations governed by the rules of administrative law. Emphasis is placed on the norms of the Constitution of Ukraine, which determine the direction of administrative and legal regulation of health care in Ukraine. The concept of «legislation» in a broad and narrow sense is revealed. The normative-legal acts and by-laws, which play an important role in the administrative-legal regulation of health care in Ukraine, are singled out. Emphasis is placed on bylaws of general bodies, including acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, departmental bylaws - the Ministry of Health of Ukraine, the National Health Service of Ukraine, acts of local governments on health care. It is emphasized that the presence of a wide range of health management entities the authority to adopt bylaws has led to the existence of a significant number of the latter, which raises the question of systematization of legislation in the field of health care. Two approaches to the systematization of acts of Ukrainian legislation in the field of health care are considered - codification, the result of which should be the Medical Code of Ukraine, and consolidation, which aims to determine the structure of the future codified act, identify contradictions, inconsistencies, gaps in health care legislation. It is concluded that the systematization of legislation in the field of health care is inexpedient because, first, the existing traditions of lawmaking and law enforcement in Ukraine indicate the need for laws that establish formal provisions in the field of health care and bylaws that specify and provide practical implementation of legislation, secondly, the ongoing reform of the health care system in Ukraine requires the adoption of a number of regulations that supplement existing legislation, thirdly, the right of a number of entities to adopt regulations raises the question of reviewing the latter’s powers to regulate reducing the number of their acts.